Title 79, Title 79: Natural Resources

79-2-201. Department of Natural Resources created. (1) There is created the Department of Natural Resources. (2) The department comprises the following: Board of Water Resources, created in Section; 73-10-1.5 Board of Oil, Gas, and Mining, created in Section; 40-6-4 Office of Ene…

79-2-202. Executive director -- Appointment -- Removal -- Compensation -- Responsibilities. (1) The chief administrative officer of the department is an executive director appointed by the governor with the advice and consent of the Senate. The executive director may be removed a…

79-2-203. Policy board members. (1) Members of a policy board within the department shall be appointed consistent with the following criteria: geographical distribution; expertise or personal experience with subject matter; diversity of opinion and political preference; and gende…

79-2-204. Division directors -- Appointment -- Removal -- Jurisdiction of executive director. (1) The chief administrative officer of a division within the department is a director appointed by the executive director with the concurrence of the board having policy authority for t…

79-2-205. Procedures -- Adjudicative proceedings. Except as provided by Sections,, and, a division, board, council, or committee referred to in Subsectionshall comply with the procedures and requirements of, in an adjudicative proceeding.

79-2-301. Budget. (1) The department shall prepare and submit to the governor, to be included in the budget to be submitted to the Legislature, a budget of the department's requirements for expenses in carrying out the provisions of law during the fiscal year next following the c…

79-2-302. Fees. (1) Unless otherwise provided by statute, the department may adopt a schedule of fees assessed for services provided by the department. (2) A fee described in Subsectionshall: (1) be reasonable and fair; and reflect the cost of services provided. (3) The departmen…

79-2-401. Volunteer workers authorized. (1) The department and its divisions may use volunteer workers to supplement the salaried work force. (2) A volunteer may be reimbursed for expenses actually and necessarily incurred, including transportation, meals, lodging, uniforms, and …

79-2-403. Rulemaking for sale of real property -- Licensed or certified appraisers -- Exceptions. (1) In accordance with, if the department buys, sells, or exchanges real property, the department shall make rules to ensure that the value of the real property is congruent with the…

79-2-404. Contracting powers of department -- Health insurance coverage. (1) As used in this section: "Aggregate" means the sum of all contracts, change orders, and modifications related to a single project. "Change order" means the same as that term is defined in Section. 63G-6a…

79-2-406. Wetlands -- Study. (1) Before October 30, 2027, the department shall complete a study on the status of wetlands in counties of the first or second class, as described in Section. 17-60-104 (2) The study described in Subsectionshall include: (1) a determination on how we…

79-2-408. Utah Water Ways. (1) As used in this section: "Partnership" means the nonprofit, statewide partnership described in Subsectionsand. (2) (3) "Water supply entity" means an entity supplying either culinary or irrigation water to a water user. (2) The department shall over…

79-2-502. Definitions. As used in this part: (1) "Compensatory mitigation" means avoiding, minimizing, rectifying, reducing, or eliminating impacts on sage grouse habitat by providing substitute sage grouse habitat through conservation projects or conservation banks. (2) "Conserv…

79-2-503. Scope. Nothing in this part requires a person, whether public or private, to participate in the program.

79-2-504. Program creation -- Administration. (1) There is created the Sage Grouse Compensatory Mitigation Program to mitigate the impacts of development or disturbance of sage grouse habitat by: creating and preserving habitat for the long-term conservation of sage grouse in the…

79-2-505. Department duties. (1) In administering the program created in Section, the department shall: 79-2-504 create a system through which: a person may: generate a mitigation credit from the department if the person creates a conservation bank by enhancing and dedicating lan…

79-2-601. Definitions. As used in this part: (1) "Administrative costs" means the costs of administering the initiative, including costs for staffing, rent, data processing, legal, finance, accounting, travel, maintenance, and office supplies. (2) "Director" means the director of…

79-2-602. Watershed Restoration Initiative -- Creation -- Objectives. (1) There is created within the department the Watershed Restoration Initiative under the general supervision of the executive director. (2) The policies and objectives of the initiative are to manage, restore,…

79-2-603. Director -- Appointment -- Qualifications -- Staff. (1) The executive director shall appoint a director to administer the initiative. (2) The director shall: be the executive and administrative head of the initiative; and have demonstrated the necessary administrative a…

79-2-605. Reporting. (1) The initiative shall prepare and submit an annual report on or before November 1 of each year to: the Utah Forest Restoration Institute; the Natural Resources, Agriculture, and Environment Interim Committee; and the Natural Resources, Agriculture, and Env…

79-2-606. Watershed Restoration Expendable Special Revenue Fund -- Creation -- Source of funds -- Use of funds. (1) As used in this section, "fund" means the Watershed Restoration Expendable Special Revenue Fund created in Subsection. (2) (2) There is created an expendable specia…

79-2-701. Definitions. As used in this part: (1) "Division" means the Division of Law Enforcement. (2) "Law enforcement officer" means the same as that term is defined in Section. 53-13-103 (3) "Natural resources officer" means a full-time, permanent employee of the division who …

79-2-702. Division creation -- Purpose. (1) There is created within the department a Division of Law Enforcement. (2) Subject to the priorities defined by the director, the primary function of the division is to enforce: Title 23A, Wildlife Resources Act; Title 41, Chapter 22, Of…

79-2-703. Division director -- Qualifications -- Duties -- Special deputies. (1) The director is the executive and administrative head of the division, appointed in accordance with Section. 79-2-204 (2) The director shall demonstrate: experience as a sworn law enforcement officer…

79-2-704. Powers and duties of division -- Enforcement authority -- Ability to initiate civil proceedings. (1) An employee of the division who is a POST certified law enforcement officer: has all the powers of a law enforcement officer and natural resources officer in the state; …

79-2-705. Division authorized to enter into contracts and agreements. (1) The division, with the approval of the executive director, may enter into contracts and agreements as needed to: support law enforcement operations for the department; improve and maintain the property unde…

79-2-706. Aquatic Invasive Species Interdiction Account. (1) There is created within the General Fund a restricted account known as the "Aquatic Invasive Species Interdiction Account." (2) The Aquatic Invasive Species Interdiction Account shall consist of: nonresident aquatic inv…

79-3-102. Definitions. As used in this chapter: (1) "Agency" means a department, division, office, bureau, board, commission, or other administrative unit of the state. (2) "Board" means the Board of the Utah Geological Survey. (3) "Collection" means a specimen and the associated…

79-3-201. Establishment of survey within the department -- General supervision of the survey. The survey is established within the department under: (1) the administration and general supervision of the executive director; and (2) the policy direction of the board.

79-3-202. Powers and duties of survey. (1) The survey shall: assist and advise state and local agencies, institutions of higher education as defined in Section, and private postsecondary educational institutions as defined in Sectionon geologic, paleontologic, and mineralogic sub…

79-3-203. Director of survey -- Designation as state geologist -- Qualifications -- Duties and authority. (1) The director is: the executive and administrative head of the survey; and designated the state geologist. (2) The director's qualifications shall include: graduation from…

79-3-204. Personnel of survey -- Employment -- Restrictions -- Salaries and benefits. (1) The director, after consultation with the board and approval by the executive director, shall select, employ, or contract for qualified individuals and services required to carry out the pro…

79-3-205. Investigatory powers and immunities of survey personnel. (1) Authorized survey personnel, after providing reasonable notification and identification, have the right to enter all lands subject to the police power of the state for the purpose of securing geologic, topogra…

79-3-301. Board of Utah Geological Survey created. (1) There is created within the department the Board of the Utah Geological Survey. (2) The board is the policymaking body for the survey.

79-3-302. Members of board -- Qualifications and appointment -- Vacancies -- Organization -- Meetings -- Financial gain prohibited -- Expenses. (1) The board consists of eight members appointed by the governor, with the advice and consent of the Senate, in accordance with. Title …

79-3-303. Responsibilities of board. The board has the following responsibilities: (1) establish and review policies, programs, and priorities; (2) review and recommend budgets; (3) assess the needs of the community with regard to development and use of geologic resources; (4) ke…

79-3-401. Disposition of survey income -- Sources of funds. (1) Income to the survey is deposited with the state treasurer and credited by the treasurer to the General Fund as dedicated credits for use by the survey. (2) In addition to those funds that are available to the survey…

79-3-402. Utah Geological Survey Sample Library Fund. (1) There is created an expendable special revenue fund known as the "Utah Geological Survey Sample Library Fund." (2) The fund consists of money from the following revenue sources: donations or contributions from individuals,…

79-3-403. Utah Geological Survey Restricted Account. (1) As used in this section: "Account" means the Utah Geological Survey Restricted Account created by this section. "Survey" means the Utah Geological Survey. (2) There is created a restricted account within the General Fund kn…

79-3-501. Permit required to excavate critical paleontological resources on state lands -- Removal of specimen or site. (1) Before excavating for critical paleontological resources on lands owned or controlled by the state or its subdivisions, except as provided in Section, a per…

79-3-502. Permit required to excavate critical paleontological resources on school and institutional trust lands -- Removal of specimen or site. (1) Before excavating for critical paleontological resources on school or institutional trust lands, a person must obtain a permit from…

79-3-503. Ownership of collections and resources. (1) Collections recovered from lands owned or controlled by the state or its subdivisions, except as provided in Subsection, shall be owned by the state. (2) (2) Collections recovered from school and institutional trust lands shal…

79-3-504. Revocation or suspension of permits -- Criminal penalties. (1) A permitting agency under Sectionormay revoke or suspend a permit if the permittee fails to conduct the excavation pursuant to the law, the rules enacted by the permitting agency, or permit provisions. 79-3-…

79-3-505. Paleontological landmarks. (1) A site of significance or a site with exceptional fossils may be designated as a state paleontological landmark by: recommendation to and approval of the board; or approval of the Legislature and the governor through concurrent resolution.…

79-3-506. Report of discovery on state or private lands. (1) A person who discovers any paleontological resources on privately owned lands or on lands owned or controlled by the state or its subdivisions shall promptly report the discovery to the survey. (2) Field investigations …

79-3-507. State paleontological register -- Survey duties. (1) The survey shall establish a state paleontological register for the orderly identification and recognition of the state's paleontological resources. (2) The board shall notify owners of sites and localities before pla…